Law Applies Equally: Bombay High Court Slaps ₹1 Lakh Fine on German Co for Delay

Law Applies Equally: Bombay High Court Slaps ₹1 Lakh Fine on German Co for Delay

In a landmark ruling, the Bombay High Court has said that the law is the same for everyone, regardless of an entity's origin, while imposing a fine of ₹1 lakh on a German company for delaying judicial proceedings. It reiterated that dispensation of justice should be smooth and delays in legal process will not be countenance or at the belabored altar of geography and a glib indictment of organization intricacies. The case was a German company that wanted an extension of time to respond to the action because it is based in a foreign country and the issues at stake are complex, impacting the company's ability to give instructions from its headquarters in the meantime. It has to find ways and means of communicating with its headquarters on how to defend the case, whose issues are international and, without doubt, complex. Habeas corpus pleas, however, have been disposed of as having no merit by the Bombay High Court presided over by Justice Amit Borkar, saying that judicial process and timelines will not be different in the case of Indian and foreign entities either. The bench further observed that things will have to be allowed, to be proceeded against for enforcing the Statute of the land. The Court also noticed that if such grounds for taking delays were accepted, it would open a floodgate for uncalled-for litigations on flimsy grounds to circumvent and avoid timely justice. Justice Borkar, while pronouncing the judgment, commented that the Indian legal system does provide enough opportunities to all the parties concerned-irrespective of the country under consideration-to make themselves ready, wary, and to put forth their respective case before a Court of Law. It is in this respect, and the expectation is that corporate bodies who carry on business in India will familiarize themselves with the content of the applicable statutes and, in the event of litigation, will make every effort to comply with court orders and timetables. The Court emphasized that unnecessary delays not only burden the judicial system but also undermine the principles of fairness and justice on which the rule of law is based.

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